In New York, racial discrimination is illegal under both the U.S. Constitution and Title VII of the U.S. Code. These laws prohibit employers from taking race into account in procedures for hiring, deciding wage levels, or promotions and benefits.
What Must Be Proven in a Discrimination Claim?
The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the power to conduct investigations of workplace discrimination, and employees must file their discrimination claims wih the EEOC prior to suing in a civil court. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
In order to succeed on a claim for racial discrimination, the Farmingville plaintiff must also show that their employer intended to base the discrimination on race or nationality. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Farmingville Lawyer Help with My Claim?
Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Farmingville attorney will be knowledgeable of the requirements for your particular location. An experienced New York lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.